What kinds of injuries are common in premises liability claims?
Premises liability lawsuits exist to protect people from property-related injuries. Injuries can happen because of dangerous premises that the owner neglects to fix.
Or they can occur when the owner acts negligently and causes another person to get hurt. In that case, the victim has the right to receive compensation for their medical bills and any other damages.
The property owner is always responsible in a premises liability lawsuit. But how do you go about with a premises liability settlements case? Find out below!
Understanding Premises Liability Law
Premises liability governs the rights and responsibilities of individuals and businesses when it comes to keeping areas safe and preventing injuries. Thus, a person who sustains an injury on another’s property may be entitled to a settlement. These settlements may cover medical expenses, lost wages, pain and suffering, and other damages.
The individual who sustained an injury and their attorney will need to understand the parameters of premises liability law. This is for them to prove the owner’s negligence to receive a favorable settlement. All potential grounds must be identified and properly pursued.
Calculating Damages & Settlement Amounts
Premises liability settlements are based on several factors, including:
- the severity of the injury
- the negligence of the property owner or occupier
- the length of the injury
- the effect of the injury on the person’s quality of life
When calculating damages, a qualified attorney will review several factors, including:
- medical bills
- lost wages
- property damage
- pain and suffering
- emotional distress
In many cases, the settlement amount is determined by negotiations between the two parties. Once an acceptable agreement is reached, the settlement must be approved by the court, or an arbitrator may be appointed to mediate the dispute.
Identifying Negligence & Fault
To identify negligence and fault in a premises liability case, the standard of care that is owed by the property or business owner to visitors must be evaluated. It is the duty of the property or business owner to maintain the premises in a safe and secure manner and failure to do so can be seen as negligence.
Other important factors to consider include whether the property or business owner was aware of the unsafe condition causing the harm, whether the injury occurred on public or private property and the applicable state laws.
Key Considerations for Going to Court
In general, these settlements require both parties to negotiate before court action. Both parties must be willing to compromise and come to an agreement. Going to court involve proving that the property owner was negligent in maintaining their property.
There needs to be evidence that the visitor was injured due to a negligent act. Proving that the owner was aware or should have been aware of the danger is also important.
Additionally, it is important to have a knowledgeable lawyer for premises liability case. One who understands premises liability law and will aggressively represent your case if it goes to court.
Awareness is Key to Successful Premises Liability Settlements
Premises liability settlements are an important step in finding remedies for victims of property-related injuries. It is important to understand all legal implications of your case before embarking on this route. An experienced attorney can make sure that your rights are fully protected in the process.
Contact a qualified attorney today to discuss the details of your case.